Claimant v Qube Qualifications and Development Limited
Outcome
Individual claims
The tribunal found that the respondent failed to comply with the requirements of s188 TULR(C)A as there was no recognised trade union or appointed or elected employee representatives, and the respondent failed to inform and consult on the collective redundancy.
The tribunal upheld the complaint for breach of contract regarding expenses, finding that the respondent owed the claimant £156.08 in unpaid expenses.
Facts
The claimant was employed by Qube Qualifications and Development Limited, which went into Creditors Voluntary Liquidation. The employer's premises at Bee House, Milton Park, Abingdon constituted an establishment where collective redundancies occurred. The respondent failed to inform and consult with employee representatives or a recognised trade union prior to making redundancies effective from 28 March 2023. The claimant also had an outstanding claim for unpaid expenses.
Decision
The tribunal upheld the claim for failure to inform and consult under s188 TULR(C)A and awarded a protective award of 90 days (the maximum period) totalling £6,306.29. The tribunal also upheld the breach of contract claim for unpaid expenses and awarded £156.08. The Secretary of State for Business & Trade was joined as second respondent to enforce payment from the National Insurance Fund.
Practical note
Employers facing collective redundancies must comply with statutory consultation requirements under TULR(C)A s188 or face protective awards of up to 90 days' pay per affected employee, even where the company is insolvent.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305298/2023
- Decision date
- 6 March 2025
- Hearing type
- full merits
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
Claimant representation
- Represented
- No